Siemer v Judicial Conduct Commissioner

[2013] NZHC 2260

IN THE HIGH COURT OF NEW ZEALAND AUCKLAND REGISTRY

CIV-2011-404-8024 [2013] NZHC 2260

IN THE MATTER OF       an application for Judicial Review under s 16 of the Judicial Conduct Commissioner and Judicial Panel Act

2004

BETWEEN  VINCENT ROSS SIEMER Plaintiff

ANDJUDICIAL CONDUCT COMMISSIONER

First Defendant

ANDHELEN DIANA WINKELMANN Second Defendant

Hearing:                   (On the papers) Counsel: F C Deliu for Plaintiff

P J Gunn for First Defendant

Judgment:                2 September 2013

COSTS JUDGMENT OF PETERS J

Solicitors:           Crown Law, Wellington

Counsel:            F C Deliu, Auckland

SIEMER v JUDICIAL CONDUCT COMMISSIONER [2013] NZHC 2260 [2 September 2013]

[1]      On 16 October 2012, I granted the First Defendant’s application to strike out the Plaintiff’s statement of claim and left it open to the parties to file submissions on costs if they wished.[1]

[1] Siemer v Judicial Conduct Commissioner HC Auckland CIV-2011-404-8024, 16 October 2012. ([2012] NZHC 2710)

[2]      Counsel for the First Defendant has sought costs on a 2B basis, together with disbursements.  Counsel for the Plaintiff advises that he is without instructions but submits that the First Defendant has calculated its costs on the daily rate which came into effect on 14 June 2012, rather than the rate prevailing when I heard the proceedings, being 1 June 2012,

[3]      I accept that submission.  The First Defendant is to have costs on a 2B basis, calculated at the daily rate prevailing prior to 1 June 2012, together with disbursements.  Any disputes which arise as to the precise calculation or items are to be determined by the Registrar.

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M Peters J